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Ordinance 2011-10

ORDINANCE NO. 2011-10
AN ORDINANCE REPEALING ORDINANCES 2006-9 AND 2008-12,
DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES


WHEREAS, ACA §16-17-129 provides that the governing body of a city having a city court may levy and collect an additional fine from each defendant who pleads guilty, nolo contendere to, is found guilty of, or forfeits bond for any misdemeanor or traffic violation in the City Court;

WHEREAS, such statutory authority provides that funds collected pursuant thereto can only be used to pay for incarcerating of city prisoners;

WHEREAS, the Johnson City Council passed and adopted Ordinances 2006-9 and 2008-12 to levy such fines to pay the costs billed to the City by the Washington County Detention Center for the incarceration of City prisoners;

WHEREAS, the City no longer receives statements from Washington County for the incarceration of City prisoners and the funds collected pursuant to Ordinances 2006-9 and 2008-12 have accumulated and the Court Clerk and City Prosecutor have recommended that such funds be paid to the Washington County Detention Center for incarceration of City prisoners previously billed.

BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,
That:

Section 1: Ordinances 2006-9 and 2008-12 are hereby repealed, the accumulated funds in this account shall be paid by the Recorder-Treasurer to the Washington County Detention Center. Inasmuch as future periodic payments from defendants will partially be apportioned to this account, the Recorder-Treasurer shall, at least annually, pay such future accumulated sums to the Washington County Detention Center.

Section 2: Inasmuch as the fines collected pursuant to Ordinances 2006-9 and 2008-12 are no longer used for the intended statutory purposes, and such are an unnecessary burden on Defendants in the City Court, an emergency is hereby declared, therefore this ordinance shall become effective immediately upon its passage and approval.


PASSED AND APPROVED this 13th day of December, 2011.

APPROVED:

ATTEST: